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Home My WebLink About1991-04-16; City Council; 11112; Above Ground Encroachment Permit Kingfisher Pl’ Cl- OF CARLSBAD - AGEN DEPT.ENC. KINGFISHER PLACE CARLSBAD, CA PR 4.40 &&-2~~W~fl~ I RECOMMENDED ACTION: Adopt Resolution No.q/ - I1 5 approving the above ground encroachment to maintain a box culvert wing wall approximately 1.2 feet into the Kingfisher Place right-of-way approximately 65 feet north of the Batiquitos Drive centerline. I ITEM EXPLANATION: Aviara Land Associates has requested an above ground encroachment permit to maintain a box culvert wing wall 1.2 feet into the Kingfisher Place right-of-way approximately 65 feet north of the Batiquitos Drive centerline. The Kingfisher Place right of way has been increased to accommodate a 4.5 foot wide median. The box culvert wing wall was constructed prior to the right of way increase. Staff has reviewed the request and inspected the site and has determined the encroachment into the right of way will not adversely affect the public’s ability to use the right of way. There are existing utilities located in this portion of the right of way. The utitity companies were notified, and they have no objections to this encroachment. As a standard requirement of an above ground encroachment request, the applicant has signed an Encroachment Agreement. FISCAL IMPACT: NONE EXHIBITS: 1. 2. 3. Location Map. Resolution No. 9 / -//s Encroachment Agreement with attached plat (Exhibit “A”) LOCATION MAP fl+- GROUND ENCROACHMENT KINGFISHER PLACE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9 I- 115 A RESOLUTION OF THE CllY COUNCIL OF THE CR-Y OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR KINGFISHER PLACE WHEREAS, Aviara Land Associates has submitted a request to construct a box culvert wing wall approximately 1.2 feet into the Kingfisher Place right of way; and WHEREAS, the City Engineer has determined the encroachment will not adversely affect the public’s abilii to use the easement; NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Encroachment Agreement authorizing Aviara Land Associates to maintain a box culvert wing wall approximately 1.2 feet into the Kingfisher Place right to way approximately 65 feet north of the Batiquitos Drive right of way, which is on file with the City Clerk and is incorporated by reference, is approved. 3. That the Mayor and City Clerk are authorized to sign an Encroachment Agreement and the City Clerk is authorized to cause the original agreement to be recorded in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16thday of April , 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, La&on, Nygaard and Stanton NOES: None ABSENT: None ATTEST: &IAuDE A. LEWl6, Mayor . P RECORDING ,.ZQUESTED BY - AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of Aviara in the City of Carlsbad, County of San Diego, State of California, in consideration of the grant of permission by the City of Carlsbad to install and maintain an encroachment structure as described and shown on the plat attached (labeled Exhibit llA@l): Located in the easterly 1.2 feet of the Kingfisher Place right of way approximately 65 feet north of the centerline of Batiquitos Drive in the Aviara Project (Assessor's Parcel No. 215-592-10) for the use and benefit of owner's property, over, and across public right of way in Kingfisher Place covenants and agrees with the City of Carlsbad, as follows: 1) The above described structure shall be installed and maintained in a safe condition at the sole cost, risk and responsibility of Owner and successor in interest, who shall hold the City harmless with respect to City owned facilities. 2) Whatever rights and obligations were acquired by the City with respect to the public right of way shall remain and continue in full force and effect and shall in no way be affected by the City's grant of permission to construct and maintain the encroachment structure. 3) This agreement is made for the direct benefit of Owner's land above described and the covenants and conditions herein contained shall run with said land shall be binding on the assigns and successors of Owner. AGREEMENTS/AG-ll.FRM r r .- 4) Owner agrees to remove structure upon City. OWNER: Aviara Land Associates Limited Partnership, A Delaware Limited Partnership Company, A Delaware General Partner , Vice President By: Ted L. Hoover, Assistant Secretary Republic Development Company, +~;or$%n~rporation, D.L. Clemens, Vice President order from the ATTEST Aletha L. Rautenkranz, City Clerk CITY OF CARLSBAD AGREEMENTS/AG-ll.FRM . STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss. I On March 27. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) lLt- 6, @.Jiic~ NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss: I On March 27. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretarv of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) LLWL G. l@q+ NOTARY PUBLIC l PLAT MAP EXHIBIT “A” BOX CULVERT DETAIL SCALE: 1’ = 10’ PROJECT NAME ABOVE GROUND ENCROACHMENT PROJECT EXHIBIT PERMIT FOR KINGFISHER PLACE NUMBER PR 4.40 A